사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) In collusion with B, L, M, and N respectively, the Defendant did not acquire the money in the name of prepaid and introduction expenses from the victims. Nevertheless, the lower court found the Defendant guilty of the instant facts charged on a different premise, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts in the lower court. 2) The sentence (one year of imprisonment) sentenced by the lower court of unfair sentencing is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. In full view of the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant, in collusion with B, acquired each of the nominal money, such as advance payment, against the victim E and I as stated in paragraph (1) of the lower judgment, in collusion with L, and Article 2-A of the lower judgment in collusion with L.
As stated in paragraph (1), it can be recognized that the victim E obtained the nominal money, such as prepaid money, from the victim E, and that the victim I acquired the nominal money, such as prepaid money, in collusion with M and N, so the above defendant's assertion of mistake of facts is without merit.
3. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there was a history of double punishment for fraud under the Act on the Acceptance of Criminal Crimes similar to each of the instant crimes, and each of the remaining criminal facts except fraud on August 7, 2013 among the instant criminal facts is a crime committed during the suspension period of execution of criminal acts punished under the Act on the Suspension of Execution of Criminal Crimes similar to each of the instant criminal facts, and the victims still expressed their intent to punish the Defendant.
However, the crime committed by the defendant in collusion with B and M, and the damage to the crime committed by the defendant in collusion with B was fully recovered, and the motive and circumstance of each of the crimes of this case, relationship between the defendant and victims, circumstances after the crime, age, character and conduct, environment, etc. of the defendant.